Problems with David Lloyd cancellation policy

p00hsticks

reeny1 wrote: »

IThe girl that told me about the waiver was over the phone, she told me to email them about our conversation which I did immediately. I have proof they have these emails, because I got confirmation receipts.

You really need more than just a confirmation receipt, you really need a reply confirming in writing what was agreed over the phone. What did you say in your mail ? And what response did you get ?

unholyangel

I'd go with the above, make an offer.

It is extremely unlikely imo that a court would let you off completely scot free. You may get away with giving 1 months notice, but you likely won't get away with paying £0 unless you perhaps have some sort of proof that they told you you can cancel completely free without being charged at all?

Basically when one party breaches the contract, the other is entitled to recover losses they incurred reasonably as a result of the breach. They have a duty to mitigate their losses though. Its not just black and white, there are a hell of a lot of grey areas.

What you need to do is get a copy of your signed contract and find out exactly what you have agreed to and whether their terms are possible unfair. From the details you have given, there should be a term in your contract stating that you are agreeing to a minimum membership period of 12 months and that after the minimum period, you will enter into a 3 month/90 day "rolling" contract. If they do not state this in a clear and intelligible language, it will likely be considered an unfair term and unenforceable.

unholyangel

p00hsticks wrote: »

You really need more than just a confirmation receipt, you really need a reply confirming in writing what was agreed over the phone. What did you say in your mail ? And what response did you get ?

Hmmmm not particularly. While it would be ideal if he had a reply confirming what was agreed, depending on what his emails say etc.....it could at least be used to "prove" on the balance of probabilities that the conversation happened. It can often be a case of proving who said what. But if you have something - even a forum post that was dated at the time of the incident in question - detailing what was said, it can certainly be used to "prove" on the balance of probability that events happened as the OP said they did. Even if the emails were sent to the wrong email address.